Hiring Practices in China

According to the PRC Labor Contract Law, the employer is entitled to know an employee’s basic information, which directly relates to the employment contract and the employee is obligated to inform the employer of the said information truthfully. However, the background checks or application/interview questions shall not infringe employees’ privacy rights or equal employment rights; otherwise the employer could be litigated pursuant to the PRC Tort Law and other applicable laws.

The employer must keep in strict confidence the personal electronic information of citizens collected in their business activities. They shall not divulge, distort or damage such information, or sell or illegally provide the same to others.

For more information on these articles or any other issues involving labour and employment matters in China, please contact Carol Zhu, Partner at Zhong Lun Law Firm (www.zhonglun.com) at carol.zhu@zhonglun.com